Why Does the U.S. Have Birthright Citizenship? | United States v. Wong Kim Ark

00:05:22
https://www.youtube.com/watch?v=lrSTmfyMz9Y

Ringkasan

TLDRThe video details the story of Wong Kim Ark, who, born in San Francisco to Chinese immigrant parents, claimed his American citizenship based on the 14th Amendment. Following the Chinese Exclusion Act, he faced challenges when returning to the U.S. after visiting China and was temporarily denied re-entry. Ultimately, the Supreme Court ruled in his favor, establishing the principle that any child born in the U.S. is a citizen. Despite the ruling, Wong's life remained fraught with difficulties regarding his citizenship status, leading him to eventually return to China for good.

Takeaways

  • 👶 Wong Kim Ark was born in the U.S. to Chinese immigrant parents.
  • ⚖️ The 14th Amendment's Citizenship Clause played a key role in his case.
  • 🚫 Wong faced challenges re-entering the U.S. after visiting China.
  • 🏛️ The Supreme Court ruled in Wong's favor, affirming citizenship for U.S.-born children.
  • 📜 The ruling established a significant precedent for citizenship rights.
  • 💡 The case highlighted issues of race and discrimination in immigration law.
  • ✈️ Wong had to prove his citizenship repeatedly upon re-entry.
  • 📉 Wong never fully enjoyed the benefits of U.S. citizenship.
  • 👨‍👦 Some of Wong's children faced difficulties in establishing their citizenship.
  • 🏴‍☠️ Wong ultimately chose to live in China later in life.

Garis waktu

  • 00:00:00 - 00:05:22

    Wong Kim Ark, born to Chinese immigrants, faced citizenship challenges despite being born in the U.S. His parents were not citizens due to laws discriminating against non-white immigrants. After returning to China, Wong was denied re-entry when he tried to come back, leading to a prolonged battle for recognition as a citizen under the 14th Amendment's Citizenship Clause. Wong's lawyers argued that the clause covered him as a child born in the U.S. to non-citizen parents, and on January 3, 1896, a district judge ruled in his favor. The U.S. government appealed this decision to the Supreme Court, which ultimately ruled 6-2 in Wong's favor, affirming automatic citizenship for anyone born in the U.S. to foreign parents, with limited exceptions like foreign diplomats and enemy nationals. This landmark case significantly reinforced the Citizenship Clause of the 14th Amendment, impacting millions of Americans' citizenship over the years. Although Wong faced ongoing difficulties and scrutiny even after the ruling, his legacy as a pivotal figure in citizenship rights remains influential.

Peta Pikiran

Video Tanya Jawab

  • Who was Wong Kim Ark?

    Wong Kim Ark was a U.S.-born child of Chinese immigrants who fought for his citizenship rights.

  • What did the Supreme Court rule in United States v. Wong Kim Ark?

    The Supreme Court ruled that any child born in the U.S. to foreign parents is automatically a citizen, unless specific exceptions apply.

  • What is the significance of the Citizenship Clause of the 14th Amendment?

    It establishes that anyone born in the U.S. is a citizen, protecting that right against immigration discrimination.

  • What challenges did Wong Kim Ark face regarding citizenship?

    He faced deportation and had to prove his citizenship every time he re-entered the U.S. after visiting China.

  • Did Wong Kim Ark enjoy the full benefits of his citizenship?

    No, he faced ongoing difficulties with U.S. Customs and never fully enjoyed the benefits of citizenship.

  • What was the dissenting opinion in the Supreme Court case?

    Chief Justice Melville Fuller and Justice John Harlan argued Wong was still under Chinese jurisdiction due to his parents.

  • How did Wong Kim Ark's family fare regarding citizenship?

    While his youngest sons were able to move to the U.S. as citizens, his oldest son was denied entry.

  • What happened to Wong Kim Ark later in life?

    Wong returned to China in the 1930s and decided not to come back to the U.S.

  • What historical context influenced the case of Wong Kim Ark?

    The case emerged during a time of significant immigration restrictions and debates on citizenship rights.

  • What did the ruling in Wong Kim Ark contribute to American society?

    It strengthened the basis for citizenship rights in the U.S. and affected millions of people's citizenship status.

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Gulir Otomatis:
  • 00:00:00
    Mr. Beat presents
  • 00:00:01
    Supreme Court Briefs
  • 00:00:05
    1868, or 1871...or perhaps 1873
  • 00:00:12
    Wong Kim Ark is born.
  • 00:00:15
    His parents are Wong Si Ping and Wee Lee, both immigrants from China and not United States citizens.
  • 00:00:24
    According to the Naturalization Law of 1802, the two could never become citizens because they weren’t “white.”
  • 00:00:31
    Whatever the heck that means.
  • 00:00:32
    Due to the Chinese Exclusion Act discriminating against them, the Wongs moved back to China, when Kim Ark was 9.
  • 00:00:40
    But a few years later, Kim Ark came right back to California because he wanted to make much more money.
  • 00:00:45
    This was not a problem for Kim Ark because, since he was born in San Francisco, he was automatically an American citizen thanks to the Citizenship Clause of the 14th Amendment.
  • 00:00:56
    In 1890, Wong went to China to visit his parents, and he came back home to the United States with no problem.
  • 00:01:02
    However, four years later when he went back to China to visit them, he was denied re-entry upon his return.
  • 00:01:10
    He was like “dude, I live here.” They were like, “nope, not anymore. You’re not a citizen.”
  • 00:01:15
    During the five months when Wong fought for re-entry into the country, U.S. Customs kept him confined on different ships just off the coast of San Francisco.
  • 00:01:23
    Fortunately for Wong, he got support from an organization called the Chinese Six Companies to help him fight for his citizenship.
  • 00:01:32
    He went to federal district court.
  • 00:01:35
    So let’s break out that 14th Amendment, shall we?
  • 00:01:37
    So there’s the Citizenship Clause of it, and what they focused on the most was different interpretations of this phrase here: “subject to the jurisdiction thereof.”
  • 00:01:48
    Does that cover when a child is born in the U.S. to parents who both are not citizens?
  • 00:01:52
    Wong’s lawyers argued yes.
  • 00:01:55
    The United States had been waiting to test out the Citizenship Clause for awhile, and here was their chance.
  • 00:02:01
    Henry Foote, a former Confederate soldier, represented the United States, calling Wong a “accidental citizen,” not the term you usually hear today, which is “anchor baby.”
  • 00:02:12
    On January 3, 1896, the district judge sided with Wong, declaring him a citizen since he was born in the USA.
  • 00:02:23
    The U.S. government appealed the decision directly to the Supreme Court because...well...they could, and the Court heard oral arguments on March 5, 1897.
  • 00:02:32
    Soooo, COULD the government deny citizenship to people born in the United States in any circumstance?
  • 00:02:39
    The Court said “no.”
  • 00:02:40
    In a 6-2 decision, they ruled in favor of Wong, declaring that any child born in the country to parents of a foreign country is automatically a citizen.
  • 00:02:50
    UNLESS...the parents are foreign diplomats, or the person is born on a public ship, or the parents are nationals of a foreign enemy country that is trying to take over the United States.
  • 00:02:59
    But yeah, you’re born here? You a citizen, buddy!
  • 00:03:02
    The Court relied on English common law tradition just as much as they relied on the 14th Amendment for this one.
  • 00:03:09
    Leading the dissent was Chief Justice Melville Fuller, joined by justice John Harlan.
  • 00:03:15
    They both argued that the history of American citizenship broke with the tradition of English common law after it declared independence in 1776.
  • 00:03:23
    In particular, they wondered about the part of the citizenship clause that said “subject to the jurisdiction thereof.”
  • 00:03:30
    Wouldn’t that also mean not subject to any foreign power?
  • 00:03:33
    They argued Wong was still under the control of China due to his parents being under their control.
  • 00:03:39
    Of all Supreme Court decisions in history, United States v. Wong Kim Ark is the strongest at protecting that Citizenship Clause of the 14th Amendment, no matter what the situation is with their parents.
  • 00:03:51
    Over the years, millions of Americans have owed their citizenship to this case.
  • 00:03:56
    So how did the story end for Wong Kim Ark?
  • 00:03:59
    Well, back when Wong was fighting for citizenship in the courts, he had started a family back in China.
  • 00:04:05
    He had a wife and kids back there.
  • 00:04:07
    After the Supreme Court decision, Wong still went back and forth, and for the rest of his life, Wong never got to fully enjoy the benefits of citizenship.
  • 00:04:15
    Every time he went home to China and came back he got hounded by Customs, always having to show extra documentation like the signatures of white Americans vouching for him.
  • 00:04:24
    Wong’s oldest son tried to move to the United States and they wouldn’t let him.
  • 00:04:30
    However, his youngest three sons were able to move to the United States as citizens, although it was far from easy.
  • 00:04:37
    One of those sons later served in World War II.
  • 00:04:40
    But Kim Ark? He eventually stopped trying to be an American.
  • 00:04:44
    In the 1930s, at the age of 62, he went to China and decided to never come back.
  • 00:04:54
    I’ll see you for the next Supreme Court case, jury!
  • 00:04:57
    President Trump would definitely disagree with this case, but what do YOU think about the Court’s decision in this one?
  • 00:05:04
    Please let me know in the comments below.
  • 00:05:06
    Well the next Supreme Court Briefs episode will feature the most important Supreme Court decision in American history.
  • 00:05:14
    Just trying to build up the hype here, let's get that hype train going, eh?
  • 00:05:20
    Thanks for watching.
Tags
  • Wong Kim Ark
  • Supreme Court
  • 14th Amendment
  • Citizenship Clause
  • Chinese Exclusion Act
  • Court Decision
  • U.S. Citizenship
  • Immigration Law
  • Legal History
  • American History